Robert Menendez on Technology

Democratic Jr Senator; previously Representative (NJ-13)

Voted YES on authorizing states to collect Internet sales taxes.

Congressional Summary: The Marketplace Fairness Act of 2013 authorizes each state to require all sellers with sales exceeding $1 million in the preceding calendar year to collect and remit sales and use taxes, but only if complying with the minimum simplification requirements relating to the administration of such taxes & audits.

Opponent's Argument for voting No (Cnet.com): Online retailers are objecting to S.743, saying it's unreasonable to expect small businesses to comply with the detailed--and sometimes conflicting--regulations of nearly 10,000 government tax collectors. S.743 caps years of lobbying by the National Retail Federation and the Retail Industry Leaders Association, which represent big box stores. President Obama also supports the bill.

Proponent's Argument for voting Yes: Sen. COLLINS. This bill rectifies a fundamental unfairness in our current system. Right now, Main Street businesses have to collect sales taxes
on every transaction, but outbecause -of-state Internet sellers don't have to charge this tax, they enjoy a price advantage over the mom-and-pop businesses. This bill would allow States to collect sales taxes on Internet sales, thereby leveling the playing field with Main Street businesses. This bill does not authorize any new or higher tax, nor does it impose an Internet tax. It simply helps ensure that taxes already owed are paid.

Opponent's Argument for voting No: Sen. WYDEN: This bill takes a function that is now vested in government--State tax collection--and outsources that function to small online retailers. The proponents say it is not going to be hard for small businesses to handle this--via a lot of new computer software and the like. It is, in fact, not so simple. There are more than 5,000 taxing jurisdictions in our country. Some of them give very different treatment for products and services that are almost identical.

Voted YES on $23B instead of $4.9B for waterway infrastructure.

Vote on overriding Pres. Bush's veto. The bill reauthorizes the Water Resources Development Act (WRDA): to provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States. The bill authorizes flood control, navigation, and environmental projects and studies by the Army Corps of Engineers. Also authorizes projects for navigation, ecosystem or environmental restoration, and hurricane, flood, or storm damage reduction in 23 states including Louisiana.

Veto message from President Bush:

This bill lacks fiscal discipline. I fully support funding for water resources projects that will yield high economic and environmental returns. Each year my budget has proposed reasonable and responsible funding, including $4.9 billion for 2008, to support the Army Corps of Engineers' main missions. However, this authorization bill costs over $23 billion. This is not fiscally responsible, particularly when local communities have been waiting for funding for projects already in the pipeline. The bill's excessive authorization for over 900 projects and programs exacerbates the massive backlog of ongoing Corps construction projects, which will require an additional $38 billion in future appropriations to complete. This bill does not set priorities. I urge the Congress to send me a fiscally responsible bill that sets priorities.

Voted NO on restoring $550M in funding for Amtrak for 2007.

An amendment to provide an additional $550,000,000 for Amtrak for fiscal year 2007. Voting YEA would increase Amtrak funding from $900 million to $1.45 billion. Voting NAY would keep Amtrak funding at $900 million.

Proponents of the bill say to vote YEA because:

[In my state], Philadelphia's 30th Street station is the second busiest train station nationally, with over 3.7 million boarding a year. And 3,000 people are employed by Amtrak in Pennsylvania. Amtrak and the health of Amtrak is important.

Last year the Senate transportation bill had $1.45 billion for Amtrak, which is obviously more than the $900 million in the current budget proposal. I am offering an amendment to increase that funding from the $900 million which is in the bill right now to the $1.45 billion level and adding $550 million.

I support funding through the section 920 account [without a tax increase]. We have seen that without raising the cap or without raising taxes, the Senate has been able to
come up with a robust number for Amtrak which I will support within the context of a responsible budget.

We have spent less money on Amtrak in the last 35 years than we will on highways in this year alone. And highways don't pay for themselves, even with the gas tax. Neither does mass transit, either in this country or anywhere else in the world. But we subsidize them because they improve the quality of our lives.

We have never provided the kind of commitment to Amtrak that we have for other modes of transportation, and this amendment will be an important step to getting Amtrak off the starvation budgets that it has subsisted on for far too long.

Opponents of the bill say to vote NAY because:

The problem with that is there is no money in the section 920 account. If we want to talk about "funny money" financing, that is it--taking money from an account that has no money. This whole budget takes money we don't have. The result is we keep running up the debt.

Voted YES on increasing fines for indecent broadcasting.

Broadcast Decency Enforcement Act of 2005: Expresses the sense of Congress that broadcast television station licensees should reinstitute a family viewing policy for broadcasters. Amends the Communications Act of 1934 to provide that for violators of any Federal Communications Commission (FCC) license, if a violator is determined by the FCC to have broadcast obscene, indecent, or profane material, the amount of forfeiture penalty shall not exceed $500,000 for each violation. Sets forth:

additional factors for determining indecency penalties;

indecency penalties for non-licensees;

deadlines for actions on complaints;

additional remedies for indecent broadcasts; and

provisions for license disqualification, revocation, or renewal consideration for violations of indecency prohibitions.

greater private investment in these efforts will stimulate the commercial space transportation industry;

space transportation is inherently risky, and the future of the commercial human space flight industry will depend on its ability to continually improve its safety performance; and

the regulatory standards governing human space flight must evolve as the industry matures so that regulations neither stifle technology development nor expose crew or space flight participants to avoidable risks as the public comes to expect greater safety for crew and space flight participants from the industry.

Voted NO on banning Internet gambling by credit card.

Internet Gambling Bill: Vote to pass a bill that would prohibit credit card companies and other financial institutions from processing Internet gambling transactions. Exempt from the ban would be state regulated or licensed transactions.

Voted YES on allowing telephone monopolies to offer Internet access.

Internet Freedom and Broadband Deployment Act of 2001: Vote to pass a bill that would allow the four regional Bell telephone companies to enter the high-speed Internet access market via their long-distance connections whether or not they have allowed competitors into their local markets as required under the 1996 Telecommunications Act. The bill would allow the Bells to increase the fees they charge competitors for lines upgraded for broadband services from "wholesale rates" to "just and reasonable rates." It also would also allow the Bells to charge for giving competitors access to certain rights-of-way for broadband access. Certain FCC regulatory oversight would be maintained although the phone companies' high speed services would be exempted from regulation by the states.

There are approximately 1,500,000 nonprofit organizations in the US [which would be listed in the 2-1-1 service].

Government funding supports well-intentioned programs that are not fully utilized because of a lack of access to such programs.

A national cost-benefit analysis estimates a net value to society of a national 2-1-1 system approaching $130,000,000 in the first year alone.

While 69% of the population has access to 2-1-1 telephone service from a land line in
41 States, inadequate funding prevents access to that telephone service throughout each of the States.

2-1-1 telephone service facilitates the availability of a single repository where comprehensive data on all community services is collected & maintained.

Introductory statement by Sponsor:

Sen. CLINTON: In the immediate aftermath of the devastation of September 11, most people did not know where to turn for information about their loved ones. Fortunately for those who knew about it, 2-1-1 was already operating in Connecticut, and it was critical in helping identify the whereabouts of victims, connecting frightened children with their parents, providing information on terrorist suspects, and linking ready volunteers with victims.

Every single American should have a number they can call to cut through the chaos of an emergency. That number is 2-1-1. It's time to make our citizens and our country safer by making this resource available nationwide.

Authorizes the Attorney General to seek a court order against an Internet site facilitating online piracy to require the operator to cease and desist further activities constituting copyright infringement, unauthorized trafficking of sound recordings or videos of live musical performances, or trafficking in counterfeit labels.

Allows an intellectual property right holder harmed by a US-directed website used for infringement, to first provide a written notification identifying the site to related payment network providers and Internet advertising services requiring such entities to suspend their services.

Requires online service providers, Internet search engines, payment network providers, and
Internet advertising services, upon receiving a court order relating to an AG action, to carry out preventative measures including withholding services from an infringing website or preventing users located in the US from accessing the infringing website.

OnTheIssues Notes: SOPA and PIPA, proponents claim, would better protect electronic copyright ("IP", or Intellectual Property). Opponents argue that SOPA and PIPA would censor the Internet. Internet users and entrepreneurs oppose the two bills; google.com and wikipedia.com held a "blackout" on Jan. 18, 2012 in protest. An alternative bill, the OPEN Act was proposed on Jan. 18 to protect intellectual property without censorship; internet businesses prefer the OPEN Act while the music and movie industries prefer SOPA and PIPA.

Overturn FCC approval of media consolidation.

Menendez co-sponsored overturning FCC approval of media consolidation

Congressional Summary:Disapproves the rule submitted by the Federal Communications Commission (FCC) on February 22, 2008, relating to broadcast media ownership. Declares that the rule shall have no force or effect.

Proponents' Argument in Favor:Sen. DORGAN: The FCC loosened the ban on cross-ownership of newspapers and broadcast stations. We seek with this resolution of disapproval to reverse the FCC's fast march to ease media ownership rules. The FCC has taken a series of destructive actions in the past two decades that I believe have undermined the public interest. [Now they have given] a further green light to media concentration.

The FCC voted to allow cross-ownership of newspapers and broadcast stations in the top 20 markets, with loopholes for mergers outside of the top 20 markets.
The newspapers would be allowed to buy stations ranked above fifth and above.

The rule change was framed as a modest compromise. But make no mistake, this is a big deal. As much as 44% of the population lives in the top 20 markets. The last time the FCC tried to do this, in 2003, the Senate voted to block it.

This rule will undercut localism and diversity of ownership around the country. Studies show that removing the ban on newspaper/broadcast cross-ownership results in a net loss in the amount of local news produced in the market as a whole. In addition, while the FCC suggests that cross-ownership is necessary to save failing newspapers, the publicly traded newspapers earn annual rates of return between 16% and 18%.

This Resolution of Disapproval will ensure this rule change has no effect. This is again a bipartisan effort to stop the FCC from destroying the local interests that we have always felt must be a part of broadcasting.